Alabama DUI Law Explained

The crime of drunk driving in the state of Alabama is referred to as "Driving Under the Influence" (DUI). There are five (5) components to the Alabama DUI statute. It is illegal for a person to drive or be in actual physical control of any vehicle while under the influence of alcohol, a controlled substance, or a combination of alcohol and a controlled substance which renders him/her incapable of safely driving. A person who is under the influence of any substance which impairs the person's mental or physical faculties to a degree which renders him/her incapable of safely driving may also be arrested for DUI. Finally, under Alabama's "per se" DUI statute provision, it is illegal for a person to drive or be in actual physical control of any vehicle while they have a blood alcohol content (BAC) of .08 or higher.

The term "vehicle" in Alabama's DUI statute does not just apply to cars. Boats, waterskis, aquaplanes, vessels and marine transporting devices are also considered "vehicles".

Other Alabama DUI Charges

MINORS (NO TOLERANCE LAW) - Minors under the age of 21 are not permitted to drive or be in actual physical control of any vehicle if they have a blood alcohol content (BAC) of .02 or higher.

SCHOOL BUS/DAY CARE DRIVERS - A person who is driving or in actual physical control of a school bus or day care vehicle will be arrested for DUI if their blood alcohol content (BAC) is .02 or higher.

COMMERCIAL VEHICLES - No person shall drive or be in actual physical control of a commercial vehicle with a blood alcohol content (BAC) of .04 or higher.

DUI ASSAULT - Someone who drives under the influence and causes seriously bodily injury to another person with a motor vehicle will be charged with first degree assault, a class B felony, in addition to DUI.

CRIMINALLY NEGLIGENT HOMICIDE - A person will be charged will criminally negligent homicide, a class C felony, if he/she causes the death of another person by driving under the influence.

HOMICIDE BY VEHICLE/VESSEL - Someone who drives under the influence and is the proximate cause of the death of another commits the crime of Homicide.